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【法宝引证码】
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- Issuing authority：
Instrumentalities of the State Council,All Administrations,State Administration for Market Regulation,Departments and Institutions of the CPC Central Committee,Publicity Department of the Central Committee of the Communist Party of China (Publicity Department, CCCPC),Office of the Central Cyberspace Affairs Commission,All Ministries,Ministry of Industry & Information Technology,Ministry of Public Security,All Commissions,National Health Commission,All Banks,People's Bank of China,National Radio and Television Administration,China Banking and Insurance Regulatory Commission,Other Institutions,Others,All Administrations (others),National Administration of Traditional Chinese Medicine,State Drug Supervision & Administration Bureau (replaced)
- Document Number：
No. 39 [2020] of the State Administration for Market Regulation
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Date issued：
03-09-2020
- Effective date：
03-09-2020
- Level of Authority：
Departmental Regulatory Documents
- Area of Law：Advertising,Industrial and Commercial Management,Optimization of Doing Business
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| Notice by the State Administration for Market Regulation and Other Ten Departments of Issuing the Major Tasks for the Inter-ministerial Joint Meeting on Rectifying False and Illegal Advertising in 2020 and the Working System for the Inter-ministerial Joint Meeting on Rectifying False and Illegal Advertising | | 市场监管总局等十一部门关于印发《整治虚假违法广告部际联席会议2020年工作要点》和《整治虚假违法广告部际联席会议工作制度》的通知 |
| (No. 39 [2020] of the State Administration for Market Regulation) | | （国市监广【2020】39号） |
| The market regulatory bureaus (departments and commissions), publicity departments of party committees, cyberspace affairs commissions, telecommunications administrations, public security departments (bureaus), and health commissions of all provinces, autonomous regions, municipalities directly under the Central Government, and Xinjiang Production and Construction Corps; the Shanghai Head Office of the People's Bank of China, all branches and business management departments of the People's Bank of China and all central sub-branches of the People's Bank of China in capital cities of provinces (autonomous regions) and sub-provincial cities; and radio and television bureaus (culture, sports, radio and television and tourism bureaus), local offices of the China Banking and Insurance Regulatory Commission, administrations of traditional Chinese medicine, and medical products administrations of all province, autonomous regions, municipalities directly under the Central Government, and Xinjiang Production and Construction Corps: | | 各省、自治区、直辖市及新疆生产建设兵团市场监管局（厅、委）、党委宣传部、网信办、通信管理局、公安厅（局）、卫生健康委，中国人民银行上海总部、各分行、营业管理部、各省会（首府）城市中心支行、各副省级城市中心支行，各省、自治区、直辖市及新疆生产建设兵团广播电视局（文化体育广电和旅游局）、银保监局、中医药局、药监局： |
| For the purposes of comprehensively implementing the spirit of the 19th CPC National Congress, and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee, earnestly fulfilling the arrangements as set forth at the Central Economic Work Conference, further strengthening coordinated supervision of the advertisement market, severely cracking down on false and illegal advertising, and maintaining a good advertisement market order, eleven departments including the State Administration for Market Regulation, the Publicity Department of the CPC Central Committee, the Office of the Central Cyberspace Affairs Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the National Health Commission, the People's Bank of China, the State Administration of Press, Publication, Radio, Film and Television, the China Banking and Insurance Regulatory Commission, the National Administration of Traditional Chinese Medicine, and the National Medical Products Administration have jointly developed the Major Tasks for the Inter-ministerial Joint Meeting on Rectifying False and Illegal Advertising in 2020 and revised the Working System for the Inter-ministerial Joint Meeting on Rectifying False and Illegal Advertising. The Major Tasks and the Working System are hereby issued to you for your earnest implementation according to actual conditions. | | 为全面贯彻党的十九大和十九届二中、三中、四中全会精神，认真落实中央经济工作会议部署，进一步加强广告市场协同监管，严厉打击虚假违法广告，维护良好广告市场秩序，市场监管总局、中央宣传部、中央网信办、工业和信息化部、公安部、卫生健康委、人民银行、广电总局、银保监会、中医药局、药监局等十一部门联合制定了《整治虚假违法广告部际联席会议2020年工作要点》，修订了《整治虚假违法广告部际联席会议工作制度》。现印发你们，请结合实际，认真贯彻执行。 |
| State Administration for Market Regulation | | 市场监管总局 |
| Publicity Department of the CPC Central Committee | | 中央宣传部 |
| Office of the Central Cyberspace Affairs Commission | | 中央网信办 |
| Ministry of Industry and Information Technology | | 工业和信息化部 |
| Ministry of Public Security | | 公安部 |
| National Health Commission | | 卫生健康委 |
| People's Bank of China | | 人民银行 |
| State Administration of Press, Publication, Radio, Film and Television | | 广电总局 |
| China Banking and Insurance Regulatory Commission | | 银保监会 |
| National Administration of Traditional Chinese Medicine | | 中医药局 |
| National Medical Products Administration | | 药监局 |
| March 9, 2020 | | 2020年3月9日 |
| Major Tasks for the Inter-ministerial Joint Meeting on Rectifying False and Illegal Advertising in 2020 | | 整治虚假违法广告部际联席会议2020年工作要点 |
| I. General requirements | | 一、总体要求 |
| The year 2020 is the final year for building a moderately prosperous society in all aspects and completing the Thirteenth Five-year Plan. The general requirements for rectifying false and illegal advertising are as follows: resolutely taking Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guideline, wholeheartedly learning and implementing the spirit of the 19th CPC National Congress and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee, earnestly fulfilling the arrangements as set forth at the Central Economic Work Conference, firmly upholding the new concept of development, further innovating supervision mechanisms and methods for advertisements, strengthening coordination and cooperation between the member entities of the inter-ministerial joint meeting, improving the system of collaborative supervision on advertisements, continuously increasing the capability of collaborative supervision on advertisements, and spare no effort to maintain a good advertising market order. | | 2020年是全面建成小康社会和“十三五”规划收官之年，整治虚假违法广告工作总体要求是：坚持以习近平新时代中国特色社会主义思想为指导，深入学习贯彻党的十九大和十九届二中、三中、四中全会精神，认真落实中央经济工作会议部署，牢固树立新发展理念，进一步创新广告监管机制、监管方式，加强部际联席会议成员单位之间的协调配合，完善广告协同监管体系，不断提高广告协同监管能力和水平，全力维护良好的广告市场秩序。 |
| II. Major tasks | | 二、工作重点 |
| 1. Tightening supervision on the guiding role of advertisements: The relevant arrangements and requirements of the Fourth Plenary Session of the 19th CPC Party Committee regarding the fundamental principle of adhering to the guiding position of Marxism in the ideological field and the working mechanism of upholding the correct guidance for public opinions shall be implemented. Vulgar, tasteless or kitsch advertisements that contain “soft-core pornography” shall be curbed and removed. Illegal advertisements that disturb public order, depart from a good social climate, cause serious social impact and wrongfully guide the public opinions shall be severely investigated and punished. The working mechanisms of publicity, training, monitoring, early warning, and emergency response shall be improved. All-out efforts shall be made to direct and maintain the correct guiding role of advertisements, and the principle of “advertising also needs to provide correct guidance” shall be observed, so as to create a clean and sound advertising market order. | | （一）加强广告导向监管。深入贯彻党的十九届四中全会关于坚持马克思主义在意识形态领域指导地位的根本制度、完善坚持正确导向的舆论引导工作机制等有关部署和要求，清理整治含有“软色情”内容等低俗庸俗媚俗广告，依法严肃查处妨碍社会公共秩序、违背社会良好风尚、造成恶劣社会影响的涉及导向问题的违法广告。健全宣传教育、监测预警、应急处置等工作机制，全力引导维护广告宣传正确导向，使“广告宣传也要讲导向”成为广告活动的基本遵循，营造风清气正的广告市场环境。 |
| 2. Promoting the establishment of a national advertising ethics committee: Further researches shall be conducted on improving the duties, organizational structure and working mechanism of the advertising ethics committee with an aim to promote good ethical values in the advertising industry, guide advertising professionals in raising their sense of social responsibility and ethical standards, allow for self-management and self-restraint according to laws and regulations, and explore a management pattern for the advertising industry governed by law, ethics, and self-discipline. | | （二）推动全国广告道德委员会建设。进一步研究完善广告道德委员会的工作职责、组织机构和工作机制，倡导广告行业良好道德风尚，引导广告从业人员强化社会责任意识和道德水平，依法依规自我管理、自我约束，探索建立法律层面、道德层面和行业自律层面多管齐下的广告行业治理格局。 |
| 3. Strengthening supervision on advertisements in key fields: Supervision on advertisements shall be intensified in key products and key sectors. False and illegal advertisements on dietary supplements, medical services, drugs, real estate, financial investment and wealth management, and other fields involving the people's health and property security shall be strictly restrained and punished. Typical cases of illegal advertising shall be exposed to the public in a centralized manner. Supervision on advertisements of key media shall be strengthened, and the responsibilities of Internet platforms shall be specified. The management of radio and television broadcasters, financial institutions and medical institutions shall be strengthened according to the law, and advertising activities of platforms and institutions in violation of the relevant regulations shall be rigorously investigated and punished. Supervision on advertisements in key areas shall be enhanced, and the areas where false and illegal advertising activities are rampant shall be put under strict supervision. | | （三）加强重点领域广告监管。加强重点产品、重点行业广告监管，严厉打击保健食品、医疗、药品、房地产、金融投资理财等事关人民群众健康和财产安全的虚假违法广告，集中曝光典型违法广告案件。加强重点媒体、媒介广告监管，夯实互联网平台责任，依法加强对广播电视播出机构、金融机构、医疗机构的管理，严肃查处平台和机构违规广告行为。加强重点区域广告监管，对虚假违法广告多发地区进行挂牌督办。 |
| During the epidemic prevention and control of COVID-19, efforts shall be coordinated to implement epidemic prevention and control as well as supervision and law enforcement regarding advertisements, focus on monitoring advertisements on illegal trading of wild animals, advertisements on facial masks and other protective equipment, as well as false and illegal advertisements under the disguise of epidemic prevention and treatment, and investigate and punish the relevant false and illegal advertisements in a strict and expeditious manner. | | 在新冠肺炎疫情防控工作期间，统筹抓好疫情防控与广告监管执法工作，重点针对涉及非法野生动物交易广告、口罩等防护用品广告以及涉及借疫情宣传疫病防治内容的虚假违法广告开展监测，依法从严从快查处相关虚假违法广告。 |
| 4. Managing and regulating online advertising on mobile devices: Supervision on new business forms of advertising shall be strengthened. Attention shall be paid to major platforms and media, and supervision and monitoring shall be enhanced. Firm actions shall be taken to curb the frequent occurrence of false and illegal advertisements using mobile apps and WeMedia accounts. Internet platforms shall be urged to voluntarily fulfill statutory obligations and duties, verify the relevant certification documents and advertisements, and stop the publishing of false and illegal advertisements without delay. | | （四）治理规范移动端互联网广告。研究加强广告新兴业态监管，突出重点平台、重点媒介，加大监测监管力度，坚决遏制移动APP、自媒体账号等虚假违法广告多发、易发态势。督促互联网平台自觉履行法定义务和责任，核查有关证明文件和广告内容，及时制止发布虚假违法广告行为。 |
| 5. Strengthening collaborative supervision on advertisements: Inter-departmental communication and information sharing shall be strengthened. Joint deployment, joint admonitory interview, joint law enforcement, and joint investigation and research shall be intensified. The coordination and scheduling capability of the inter-ministerial joint meeting shall be improved. A joint supervision mechanism of major cases shall be enhanced, and a unified supervision shall be exercised on major violation cases. A joint punishment mechanism for dishonest acts in the advertising industry shall be established so as to create a pattern of advertisement credit supervision, in which whoever violates the law in one place will be restricted in any other places. | | （五）强化广告协同监管。加强部门间沟通及信息共享，强化联合部署、联合约谈告诫、联合执法、联合调研，提升部际联席会议协调调度能力。健全完善重点案件联合督办机制，对重大违法案件实行统一挂牌督办。研究建立广告领域失信联合惩戒机制，推动形成一处违法、处处受限的广告信用监管格局。 |
| III. Clarifying the division of duties and forming joint forces | | 三、明确分工，形成合力 |
| 1. Market regulatory departments: The market regulatory departments shall play a leading role in the joint meeting of rectifying false and illegal advertisements, and work with the relevant member entities to arrange the rectification work in 2020 and take the lead in organizational implementation. They shall, in conjunction with the relevant departments, study the resolution of prominent problems encountered in the rectification work. They shall also coordinate efforts to conduct joint interview and joint punishment on major cases that are relatively influential and involve the supervisory duties of multiple departments, and organize joint research and investigation in good time. Attention shall be paid to supervision of advertisements on mobile devices, online advertising shall be further controlled, and achievements in the rectification of online advertising shall be consolidated. The advertisement monitoring mechanism shall be improved, and the monitoring of online advertising on mobile devices shall be intensified. The censorship of advertisements on drugs, medical instruments, dietary supplements, and formula food for special medical purposes shall be strengthened. The censorship and approval of advertisements shall be strictly managed. The investigation of cases regarding false and illegal advertising shall be further enhanced, and the exposure of these cases shall be reinforced. The revision of the Interim Measures for the Administration of Internet Advertising shall be promoted. An inter-departmental joint punishment work mechanism for dishonest acts in the advertising field shall be actively explored. | | （一）市场监管部门。发挥好整治虚假违法广告联席会议牵头单位作用，会同相关成员单位部署2020年整治虚假违法广告工作并牵头组织实施。会同有关部门研究解决整治虚假违法广告工作中遇到的突出问题。协调组织对影响较大、涉及多部门监管职责的重点案件开展联合约谈、联合查处，适时组织开展联合调研。突出移动端广告监管，进一步系统治理互联网广告，巩固深化互联网广告专项整治成果。完善广告监测机制，强化移动端互联网广告监测工作。严格药品、医疗器械、保健食品、特殊医学用途配方食品广告审查工作，严把广告审查准入关。进一步强化虚假违法广告案件查办力度，强化曝光力度。推进修订《互联网广告管理暂行办法》。积极探索广告领域跨部门失信联合惩戒工作机制。 |
| 2. Publicity departments of party committees: The publicity departments of party committees shall organize news media in providing publicity and interpretation for the rectification of false and illegal advertising, and publicize and report the achievements of all departments and all regions in the implementation of the Advertising Law and the investigation of false and illegal advertising activities. They shall arrange for news media to expose the typical cases of false and illegal advertising. They shall also conduct supervision of public opinions, and coordinate efforts to strengthen the management and control of online harmful information. The publicity departments of party committees shall put more focus on media management, urge news media to further improve the management system for the publication and broadcasting of advertisements, strictly fulfill the obligations of advertisement censorship, improve the error correction mechanism, and strictly investigate the liability of news media so as to ensure that advertisements are true and legal. | | （二）党委宣传部。组织新闻媒体持续深入做好整治虚假违法广告相关工作的宣传解读，宣传报道各地各部门贯彻落实《广告法》和查处虚假违法广告行为的工作成效。协调新闻媒体曝光虚假违法广告典型案例。开展舆论监督，协调加强网上不良信息管控。加强媒体管理，督促新闻媒体进一步健全广告刊播管理制度，严格履行法定广告审查义务，完善纠错机制，严格责任追究，确保广告真实合法。 |
3. Cyberspace affairs commissions: The cyberspace affairs commissions shall cooperate with the market regulatory departments in vigorously rectifying online advertising information that violate laws and regulations, strengthen online positive publicity and guidance, and strictly investigate and punish websites and platforms that publish any false or illegal advertising information. They shall urge websites and platforms to effectively implement primary responsibilities, and establish and improve a long-lasting working mechanism. Furthermore, they shall continuously consolidate and extend their achievements in rectifying false and illegal advertisements, and make cyberspace cleaner and more reliable.
．．．．．． | | （三）网信办。配合市场监管等部门大力整治互联网违法违规广告信息，加强网上正面宣传引导，严厉查处发布虚假违法广告信息的网站平台。督促网站平台切实落实主体责任，建立健全长效工作机制。不断巩固和扩大整治虚假违法广告工作成果，促进网络空间更加清朗。
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